Anilkumar P vs Kerala Kalamandalam Deemed ...
2021 Latest Caselaw 14838 Ker

WP(C) NO. 11439 OF 2021

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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                          WP(C) NO. 11439 OF 2021
PETITIONERS:

     1       ANILKUMAR P.
             AGED 40 YEARS
             S/O. PRABHAKARAN PILLAI, ANIL BHAVANAM,
             MUTHUPILAKKAD, PORUVAZHI P.O, KOLLAM PIN 690 520

     2       LATHIKA P
             AGED 33 YEARS
             W/O. SUJITH, KANNAMTHODI HOUSE,
             PATTAMBI, PALAKKAD DISTRICT PINCODE 679 313

     3       NIDHINKRISHNA C.K,
             AGED 29 YEARS
             S/O. KRISHNAN C.V,CHOLAVALAPPIL HOUSE,
             KALADI P.O, KANDANAKAM, MALAPPURAM DISTRICT,
             PIN CODE 679 582

     4       SUDHEESH CHANDRAN K,
             AGED 29 YEARS
             S/O. CHANDRAN K,KANDANCHATH HOUSE,
             KAIPARAMBU P.O, PUTHUR,
             THRISSUR DISTRICT PINCODE 680 546

     5       VIPIN V.S
             AGED 31 YEARS
             S/O. SIVASANKARAN, VALIPARAMBIL HOUSE,
             KUMARPPANAI P.O, VARAVOOR,
             THRISSUR DISTRICT PINCODE 680 585

             BY ADVS.
             SHIBI.K.P.
             C.K.SUNIL
             T.T.JAYANTHY
             PRADEEP T.C.
 WP(C) NO. 11439 OF 2021

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RESPONDENTS:

     1      KERALA KALAMANDALAM DEEMED UNIVERSITY FOR
            ART AND CULTURE , VALLATHOLE NAGAR, CHERUTHURUTHY,
            THRISSUR, REPRESENTED BY ITS REGISTRAR 679 531

     2      THE REGISTRAR
            KERALA KALAMANDALAM DEEMED UNIVERSITY FOR ART AND CULTURE
            VALLATHOLE NAGAR, CHERUTHURUTHY, THRISSUR, 679 531

     3      THE VICE CHANCELLOR,
            KERALA KALAMANDALAM DEEMED UNIVERSITY FOR ART AND CULTURE
            VALLATHOLE NAGAR, CHERUTHURUTHY, THRISSUR, 679 531.

            BY ADV SRI.P.C.SASIDHARAN, SC, KALAMANDALAM UNIVERSITY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11439 OF 2021

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                                   JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) to issue a writ of mandamus or any other writ or order directing the 3rd respondent to expeditious the appointment process to the vacancies reported as per notification no.KKMDU/ A-1/1691/2014 dated 5/09/14 invited as category no.8/2014 for the post of Grade-2 Instructor from the Exhibit P1 Rank list;

(ii) to issue any appropriate writ, order or direction to the 3 rd respondent to conduct the interview of UGC 2nd Grade Instructor appointments expeditiously;"

2. Heard the learned counsel for the petitioners and the learned

standing counsel appearing for the respondent-Deemed University.

3. It is submitted by the learned counsel for the petitioners that the

petitioners are persons included in Ext.P1 ranked list prepared for

appointment to the post of Instructor Grade-II in the 1 st respondent-

Deemed University. It is submitted that the validity of the ranked list was

from 07.11.2019. It is stated that due to the Covid-19 pandemic that had

occurred during the currency of the ranked list, the ranked list could not

be operated in full for making regular appointments therefrom. It is

submitted that the petitioners could not get employment in view of the WP(C) NO. 11439 OF 2021

fact that all arising vacancies could not be filled up from the list. It is

submitted that the ranked list was to expire on 27.10.2020. The Board of

Management had extended the list for a period of 6 months and the

extended period also expired on 27.04.2021. It is submitted that thereafter,

the further extension of the ranked list could not be considered only due to

the Covid-19 pandemic and that the petitioners seek a revival and

extension of the ranked list.

4. A statement has been placed on record on behalf of the respondents.

It is submitted that the ranked list was published on 07.11.2019 and taking

into account of the pandemic situation, the list was extended for 6 months

from 27.10.2020 or till a new ranked list is brought into force. It is

submitted that thereafter, it was not possible because of the pandemic

situation to convene a meeting of the Board of Management due to the

triple lockdown imposed in the area. It is submitted that the petitioners

have no right to claim an extension of the ranked list and that the issue, if

at all, has to be considered by the Board of Management.

5. Having considered the contentions advanced, I am of the opinion that

the question of revival and extension of the list is to be considered by the WP(C) NO. 11439 OF 2021

Board of Management of the 1 st respondent University in view of the

situation prevailing during the currency of the list. There will, accordingly,

be a direction to the Board of Management of the 1 st respondent University

to take up the question of revival and extension of Ext.P1 ranked list and to

pass orders on the same after convening a meeting of the Board of

Management as early as possible.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 11439 OF 2021

APPENDIX OF WP(C) 11439/2021

PETITIONER ANNEXURE

Exhibit P1 THE TRUE COPY OF THE RANK LIST DATED 7/11/2019 OF THE SELECTED CANDIDATES TO THE POST OF GRADE-2 INSTRUCTOR TO VARIOUS STREAMS PUBLISHED BY THE 2ND RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE MINUTES OF CONCERNED 11.1 DECISION DATED 27-10-2020 OF THE BOARD OF MANAGEMENT COMMITTEE OF THE 1ST RESPONDENT PRESIDED BY THE 3RD RESPONDENT.

Exhibit P3 THE TRUE COPY OF STAFF PATTERN OF INSTRUCTORS IN EACH STREAM IN THE ART HIGHER SECONDARY SCHOOL AND ART HIGH SCHOOL UNDER THE 1ST RESPONDENT DEEMED UNIVERSITY UNIVERSITY APPROVED BY THE GOVERNMENT OF KERALA DATED 27- 08-2020

RESPONDENT'S/S EXHIBITS: NIL